The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1887-04-08

personal goods from Bismarck's wife;
my clerk bought some furniture from
her just before she went to San Fran
cisco; 1 didn't know exactly what
was paid for the furniture; l know
Leavitt; talked with him on the Sd of
August last, at my store, in the after
noon; he stated: "These fellows want
to whip the preachers; I am not in
favor of that; am in favor of killing
the SIS of b-s."
SIOUX CITY, April 1.-The defense
in the Haddock trial are laying the
foundation Of a plot charging Leavitt
with the act of murder. Witnesses
this morning have sworn positively
that an hour before the murder they
saw Leavitt on Fourth street wearing
light pants. Other witnesses testified
to his having made remarks about kill
ing Haddock the day of the murder.
The testimony, however, is not wholly
confined to Leavitt. A part of it has
been directed against the character and
utterances of Bismarck. Out of the
number of witnesses so far called all
are saloon men with but two excep-
tions. They generally leave the stand
more or less confused by the severe
cross questions of the state counsel
and considerable part of the morn
ing's work by the defense has lost its
great force by the riddling cross fire of
the prosecution. Interest is unabated
and the attendance is only limited by
the size of the court room.
Joseph Sprey sworn: was engaged
in saloon business; am acquainted with
Herman Leavitt; saw him the evening
of the Sd at my saloon; he came to me
and wanted to borrow revolver; did
not give him a pistol; he then asked
me to get him one; 1 went to Billy
Hundt's and tried to get one for him; !;
Leavitt stood IN front of my door wait
ing for me to come back; told him
Hundt had revolver, but wanted it
for his own use; saw Leavitt at 9 o'clock
that night; he had on a rubber coat,
light pants turned up at the heel and
a light hat; told him to go to Schudell's
and he could rent or borrow a areyolver;
then went into my saloon, and saw no
more of him.
On cross examination he said:
Have met Leavitt at Standard Thea
tire; VIM. Fleck, my bar tender, was
present when Leavitt came and asked
me to borrow revolver; when he came
in was playing cards; there were no
lamps outside the door when we
stepped out; there was light diagon-
ally across the street; the street there
might be 300 feet wide-that is my
best judgment; the light was about 600
feet from where we stood; it was sin
gle jet oil lamp; his coat was buttoned
to the top and bottom; 1 think Lea
Wits hat was gray; the man who was
playing cards with me wore a slouch
hat; don't know what kind of coat;
don't know what kind of pants or
shoes; saw him when he got up to go
out, but can't tell what kind Of coat he
wore; don't know thecolo of his pants;
Chas lambert came in; Don't know
what kind of clothes he had on, or
whether l drank with him; w. L.
Hundt came in; was there when report
of murder came in; don't know what
color his coat was or whether his pants
were white; Leavitt's coat did not
come down to the top of his boots
cant say how low down his coat came
1t was about 9 o'clock when Leavitt
came to my place.
Jailor James Crookshank: Have
lived here over four years; am
turnkey; have charge of prisoners
have had charge OF them foul
four years and two months; know Bis
marck; Have known Leavitt about one
year; he came to the Jail about the
9th of November; he came with the
sheriff, who told me to show him in tt
Bismarck: Leavitt had a talk with
Bismarck; ! heard it; Leavitt said
"Hello, Bismarck! do you know me-
Do you have all you want?" Bismarck
said, 81 have tobacco, pipe and papers
Can't you send me little schnapps? Y
Leavit replied, "Jim, you come dow1
to my room and I'll send him a bottl'
of whisky" Leavitt said, "Give MI
your wife's address, and I'll send he
some money, and We'll see that she il
all right till you get out. You know
Bismarck, l didn't kill Haddock." Bis
marck didn't say anything. Leavit
said, "You saw John Arensdorf shoot
as we'll as me" Yes, sir; yes, sir" Leav
lit said: ave will come out all right i
you stick to the story l told you.
! Leayitt brought a bottle of brand
that day.
Il Louis Selber: Know Leavitt; tn
Sd day of August, 1886, had convel
sation with Leavitt in Junk's saloon
Leavitt said 1--WE ought to blow Ii
, some of these id SIS of BIS, lik
we did in Leavenworth." Tie day al
i tier the murder he spoke to me an